Burglar at night (very long)

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545days

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In a reply to the thread “Bump in the night = lights on” in strategy and tactics, I left an abbreviated reply about my experience with a night time burglar. This is the detailed version.

Time: ~ 2:40 AM

My wife and I are asleep in our two bedroom apartment. I have been back from First Gulf War for ~2 weeks. I am young (1LT at the time) and in good shape. We had no kids in those days, and slept in the buff. Home defense was a Colt government model .380 in the closet and a Ruger .357 with a 6” barrel stuck between the mattress and box springs.

The doorbell rings repeatedly. I wake up, and figure it is a drunk at the wrong apartment, so I don’t turn on any lights. When I look out the peephole, nobody is there. Seventeen years later, I can’t remember if I carried the Ruger when I went to check the door or not. There were no lights on the apartment, but there was enough light seeping through the cheap plastic blinds from outside to see. I went back to bed.

Before I fell back to sleep, I heard a noise from the second bedroom. This time I know I had the Ruger as I went to investigate. The blinds in the second bedroom were slightly tilted, and I could clearly see an intruder under the mercury vapor light above the window. (The window was somewhat concealed from the sidewalk outside, so the intruder was behind the air conditioner condensers and some shrubs.) The intruder is a white male, approximately 25 wearing jeans with no shirt, and long hair. He had a remarkable resemblance to Pee Wee Herman. Not the clean cut Pee Wee, but the skanky looking arrested in the porno theater Pee Wee. I returned to bedroom and told my wife, who retreats to the closet with the phone, grabs the Colt Gov. model .380 and dials 911. I had to tell her twice to not turn on any lights. I wanted to retain the element of surprise.

I went back to watch the intruder from outside the door of the second bedroom. He is using fingernail clippers to try and pry the weather stripping from the window to remove the glass. My adrenaline is up and my heart is pounding. But he is going very slowly, and I begin to calm down. Within a couple on minutes I am beginning to think “what a dumb so and so... He has no idea what is waiting for him…” I decide that I don’t want to capture this knucklehead in my birthday suit, so I return to the bedroom to put on some pants. In retrospect, this was probably not the best decision, since now both of us were now wearing jeans with no shirt. As I waited, I also began to think about where my bullets would wind up if I shot him. Unfortunately, any misses would wind up in the bedroom of the apartment next door. I began to wish that I had a little less gun than the .357 magnum.

The bad guy eventually broke the window glass. When the window broke, he ran off around a corner about 30 yards away to see if anyone raised an alarm. (It turns out that our neighbor upstairs called 911 somewhere around this time, but the neighbor also did not turn on a light or make any noise.) After a few minutes of quiet, he returned to the window and began removing the glass. My wife later reported that only after the glass broke, did the dispatcher go from bored, “just another prowler in Houston”, to treating the call like a serious priority. It was apparently at this point that the call went out and police cars actually started rolling in our direction.

The bad guy began to slowly climb through the broken window. He was silhouetted in the light from outside, and I stood just outside the bedroom door about four or five paces away. At this point the adrenaline is surging into my system, and I am literally shaking. As soon as he is completely in the room, I flip on the light, cock the revolver and yell "Freeze - Down on the floor!" Yes there was profanity that would make any DI proud, but I am keeping it High Road... He looked completely stunned and dropped to the floor. He looked up to me to talk, and I shout "Keep your eyes on the floor; you don't have my permission to look at anything here!" He then begs for permission to use the bathroom, as if anyone in my position would find his request reasonable. I reply that he should go in his pants, because if he moved I would shoot him in the head."

The adrenaline in the situation is intense. The urge to hit him with something was tremendous, and had there been anything handy, I probably would have. I found myself wishing I had not cocked the gun so I could hit him with it, and even considered doing exactly that. You really can't understand the urge to attack if you are not in the situation. Training or no, the urge to beat the snot out of the guy is incredible. Even today, thinking about the situation makes my heart rate increase and I get a bit worked up.

I yelled to my wife that he was down on the floor, and to tell the dispatcher that I had him at gunpoint. I also yelled for her to tell the dispatcher that I was Gulf War veteran, and wasn’t going to shoot him unless he did something stupid. The fact that I was dressed just like the bad guy did not occur to me.

The cops arrived about a minute later. My wife was told by the dispatcher that they were there, to check through the peep hole to make sure that it was police at our door, and to let the dispatcher know that the cops were there before letting them in. (I was not 100% sure why they did that until Scoutsout2645 replied to my earlier post. He stated: “As far as checking to make sure they were cops and telling the dispatcher: I've gone to calls where the homeowner/911 terminal/dispatcher gave out the wrong address for the responding cops. If that's the case they need to get the right location and you don't want to open up for a BG's lookout/getaway driver.”

Only one cop entered the apartment. I was later told by neighbors that five police cars arrived. I only saw one other cop outside. The cop came in, turned his back on me (yes - I am still surprised by that 17 years later) and stepped on the bad guys neck. I turned the Ruger away from the cop and said "I'm going to put my gun away now." The cop said "OK." with his attention still on the bad guy and his back towards me. I went to the kitchen, and put the Ruger on top of the refrigerator. The entire event, from doorbell to the arrival of the police was probably around 10 minutes.

After the bad guy was cuffed, and hauled out, the cop asked if he had thrown anything down when I confronted him. I answered “no, he only had fingernail clippers he was using to pry at the weather stripping.” The cop said “If you don’t have anything I shouldn’t find, I would like to look around the immediate area.” My wife and I are both boring engineers, and have never had any involvement with drugs or illegal activities, so I gave him permission to look around the area, which apparently consisted of under the bed. The cop also stated “I am going to ask you a really stupid question because I have to. Is the person I arrested the guy that broke in your apartment?” He also asked several times if we knew him or if we had ever seen him (we hadn’t.) The cop later asked what kind of gun I had, and chuckled when I told him stating “that probably scared the … out of him.” Before he left the cop advised me that I should have shot the bad guy (this happened in Texas.)

The next day we got a call from a SGT or detective (maybe both, I can't remember) who asked if we knew the bad guy (we still didn’t) and if there was some brand of cigarette butt outside the window (there was, but nobody from the police dept ever came to retrieve it.) The bad guy had confessed to ~40 burglaries. He had been doing it about 10 years, starting in his teens. He was known as the panty burglar, because he always stole women’s underwear.

About nine months later the case came to trial. The bad guy’s lawyer had him all dressed up in a suit with a short haircut and a bow-tie! The resemblance to Pee Wee Herman was again remarkable, except the bad guy’s suit was not too small. When the bad guy saw my wife and I enter the court room, he turned his back to us, and literally backed up the aisle to his seat rather than face us. When we showed up, his hopes were dashed, as they pled guilty. The Assistant DA was an Asian woman who stated to the judge that the bad guy had pled guilty to our burglary, and that the DA’s office felt he had targeted my wife believing she lived alone, that I had recently returned from the war, and that he had confessed to another 40 burglaries. When the judge asked “what was stolen in these burglaries?” the DA puffed up and loudly stated “Women’s underwear!” The courtroom broke up in laughter as all the miscreants in cuffs awaiting their turn in front of the judge began to snicker. I swear that the bad guy shrank about 2” while the bad guys laughed.

The judge gave him 10 years probation, he had to pay a $50 per month probation supervisory fee, pay the apartment complex for the window, and enroll in the Baylor College of Medicine sexual offender’s treatment program. Some of you may think he got off easy, but I was satisfied.

After the trial, the SGT or detective who had called met us in the elevator. He was happy about the result and was happy that I had not shot the guy “when most people would have”

In retrospect: If he had not knocked, if there had not been a light outside illuminating him, if he had broken in faster, used a tool more dangerous than fingernail clippers or if he had not instantly complied with my orders, he probably would have gotten shot. If I had to do it again, I probably would have put on a different pair of pants, and maybe even a shirt. I am not sure I would change any of my other actions. We decided he probably had targeted our apartment, because my wife had decorated our door with a wreath and some dried flowers. It was obvious that a woman lived there. The wreath was down the next day.
 
I'm glad ( for your wife) that you were home. You never know when a BG will step into the next level and actually assalt whoever is home. Sounded to me like you did great...with hindsight there are always little things you see that could have been done differently.

Isn't it funny how ,even after time, the memory of an event like that will still affect your system?

Mark.
 
Before he left the cop advised me that I should have shot the bad guy (this happened in Texas.)

Not sure I understand this. You obviously handled the situation without shooting the guy. He only had a pair of nailclippers. No where in the post did you say that you were in fear of your life. I am not saying that the law wouldn't be on your side, it is Texas after all. With him in your house, it may even have been justified. I just don't follow the cop telling you that you "should have shot him." "Could have shot him" works better for me. Also, you are probably the first person I have ever heard say that "I began to wish that I had a little less gun than the .357 magnum." LOL

Glad that you had a gun that night and that you and yours came through it ok.
 
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Interesting. You probably were the one responsible for his arrrest, not the policemen themselves. If you had turned the lights on, even if you had called the police, he most likely would have dashed.
 
Good job keeping your cool. I cant say i would react as well as you did in that situation. Hats off to you.
 
I am not sure I would change any of my other actions.

First of all: thank you for your service.

I am in no way criticizing any of your actions - particularly in light of the fact that it turned out with a BG behind bars.

But I'm curious and I gotta ask: What made you wait while he worked his way into the apartment? Were you intent on apprehending the guy? You certainly did your community a great service in so doing - but perhaps at additional risk to yourself and GF.

Maybe I'm a chicken, but I have to wonder if I wouldn't have attempted to scare him off by taking cover with my firearm and shouting "Get away from the window or I'll shoot!" - or words to that effect. Once he's inside it's a different story of course. By that time I think I would have been firing.

Not trying to second-guess, but there is always something for me to learn from these scenarios - which is why I ask.
 
OAKVILLE SHOOTER: I just don't follow the cop telling you that you "should have shot him."
I see a lot of people on this forum questioning the things that happen in Texas. Let me tell you, things were a good bit different in the past! We moved here 25 years ago. The old saying from a cop “shoot him outside and I’ll help you drag him through the door” was more than just a saying. For a cop to suggest “you should have shot him” 17 years ago doesn’t surprise me in the least. In some areas you would still hear it today.
 
you are probably the first person I have ever heard say that "I began to wish that I had a little less gun than the .357 magnum."

Living in an apartment I can fully understand. If he had to shoot the guy, something with less penetration, like a .38spl or .45ACP, would be nice. If I ever have a defensive shoot from my bedroom towards the living room, any rounds that go through the bad guy will only have about 1/4" of plasterboard to go through (OK, probably 2 layers of 1/4" plasterboard) before they are in my neighbor's living room (a neighbor with something like 5 kids).
 
If I saw that he was clearly unarmed I probably would have had the wife hold a gun on him while I taught him a lesson with the baseball bat. Kinda hard to break into any houses that don't have wheelchair ramps then...
 
It's odd how we can all sit back and analyze how we WOULD have reacted in such a situation. I had a somewhat similar event while my new bride and I were living in an off campus and somewhat secluded duplex when I was in grad school. In my case, being a stressed out doctoral student made me a very light sleeper... So when I heard a vehicle creeping up the driveway at 2am I took notice immediately.

Looking out the window, I could see a van with its lights off, and the orange glow of a cigarette. I woke my wife, told her to key in 911 on the cell phone but not call yet, and I pulled my 870 from the closet. We waited and watched, and eventually someone got out and started up the driveway. I told my wife to stay in the bedroom and if things even looked like they were about to get hinky to place the call.
I waited by the front door, keeping the lights out because I knew having the cover of darkness on my end would help if things got ugly. Sure enough there was a knock on the door. I waited a few seconds and then opened it just wide enough to see out. I had my shoulder against the door and if my 6'4" 300 lb frame wasn't enough to keep someone out then the 870 in my right hand was!
Turns out it was a woman who claimed she had just left her abusive husband, and seeing our kitchen light on thought she might try to get some $ for a hotel room for the night. I thought her story was sketchy, so I told her to go to the hospital and find a social worker to help her, and that I couldn't help her. She left with no argument or further discussion and I was up the rest of the night.
My point in relating my experience to this thread is that these situations come unexpectedly and you have to play it cool as much as possible. You must be prepared to take it to the next level, but you must also try your best to think through the situation. Self restraint is better for everyone and can keep a bad situation from needlessly getting worse. Like 545 days, I also didn't think of things like what I was wearing etc. But I was very aware of what I might have had to do and what the consequences could have been. As I said, I had a new wife with me and I absolutely would have done whatever I needed to protect myself and her. At the same time I was also fully aware that I had a moral and legal obligation to keep the situation from escalating because sometimes those we encounter in the dead of night actually mean us no harm. And in 545's case, he thought through the situation and did the right thing. He could have easilly pulled the trigger, and would most likely been cleared, but he knew how far to take it without having to. For that (and for his service) I admire him greatly and we should all learn from the example he set.
 
As I said, I had a new wife with me and I absolutely would have done whatever I needed to protect myself and her.

I can't help myself...why'd you open the door?

Seriously...one thing that I see over and over in the "stranger at the door in the middle of the night" scenarios is that the door gets opened to see who is there. Why? what is the obligation to open a door just because someone decides to knock on it?
 
Rainbowbob,
I opened the door because as I said, I believe most of the time people mean us no harm. When I was a kid my mom had to knock on a stranger's door in the dead of night because our car slid into a snow bank and got stuck. This was in the days before cell phones, and we needed help. Imagine if nobody would have answered the door then.... It would have been a long and cold night!

Point is we are a still a civilized society and we should always be cautious, but not so paranoid that we are afraid to open a door. And call me a dork, but it's also because I still believe in and try every day to live up to the values I learned as an Eagle Scout.
 
RainbowBob,

I chose not to turn on a light for three reasons. First, I saw no reason that I should surrender the element of surprise in the event that the intruder chose to press on despite my effort to scare him away.

Second; I am a worrier. If I turned on the light and scared him off, I would have suffered through many sleepless nights worrying about who he was what he wanted, and whether he would come back. I would never have been comfortable in the apartment again. By confronting him, I now know who he was, where he lived, and what he wanted. In fact, seeing his remarkable resemblence to Pee Wee Herman in the court room meant that I would never worry about him again.

My third reason sounds really corny. I am still in the reserves after more than 20 years because I believe that as a citizen, I have a duty to my country. As a citizen of my community, I have a duty to protect myself and my fellow citizens. Does this mean I wear a cape and track down evildooers? No. But it does mean that when faced with the choice of doing what I believe is right, or taking an easy way out, I will have to gut up and do what I believe to be right.

That said, I will not disparage anyone who would choose to simply turn on a light or rack a shotgun (a proverbial Highroad favorite) to scare away an intruder. My choices are mine alone, and I will not judge anyone who might choose otherwise in a similar situation.
 
Oakville Shooter,

I dare say that any Houstonian who shoots an intruder breaking into his home in the middle of the night would have no trouble with the police or the DA today. As an example, I submit Mr. Horn, the gentleman in Pasadena (a suburb of Houston) who shot two burglars leaving his neighbor's home in broad daylight who was no-billed by the grand jury. (If you shoot someone in TX, no matter how righteous the shoot, it is submitted to the grand jury to ensure that it is not a murder in disguise.)

I would bet that the majority of Houston cops if asked how a homeowner should respond to an intruder climbing through their broken window at 2:40 in the morning would respond "shoot him."

Most Houstonians to whom I have told my story have marveled at the fact that I didn't shoot him.


Also - The .357 has been retired, and has been replaced with the .380 and a 20 gauge Winchester Defender. Contrary to advice posted here, the shotgun is loaded with one round of dove shot followed by #4 buck. Holding a weapon while wondering if I might accidentally kill my neighbor changed my mindset about defensive loads. Once agian, my choice. I am the one that will have to live with the consequences if any.
 
I'm afraid I would have let the air out of Pee Wee. He didn't even get any jail time? For how many B&E's? That ain't right. Gotta wonder how many more he did after that. The cop was right, he knew how it would turn out.

And AFA BammaYankee's broad on the porch - I'd have made the 911 call as soon as I knew there was a vehicle "creeping" up the driveway with it's lights out. And answer the door? No way. You were being cased, plain and simple. She wasn't alone.
 
As a citizen of my community, I have a duty to protect myself and my fellow citizens. Does this mean I wear a cape and track down evildooers? No. But it does mean that when faced with the choice of doing what I believe is right, or taking an easy way out, I will have to gut up and do what I believe to be right.

Fair enough. You made a choice that worked well for you and for your community. Who could argue with that?

As as a side note, even if I chose to reveal my position in that situation, I would not turn on a light and illuminate my position. If possible, I would illuminate their position.
 
I live in Iowa, We had a situation that could go bad in the neighbor hood, (in my front yard) called the county in on it, befor it got to bad, I was told,"If it happens again, shoot them, we will all sleep better" The neighbor was informed, by the deputy, that they will be shot if they bother us again. It has been pretty quiet around here since, and they moved away.
 
Well played sir. A very cool head thinking about the downrange impact of your 357 rounds. I would like to think I could think it out as well as you, but I highly doubt it.

To echo the above sentiments, thanks for your service to the country.

RMD
 
I understand one way to get the 911 operator to take the call a little more seriously is just to mention that you have a gun and are going to shoot the mope if necessary. That ups the ante considerably and gets the cops rolling immediately.
 
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